Best Professional Malpractice Lawyers in Colorado

About Professional Malpractice Law in Colorado, United States

Professional malpractice in Colorado refers to the failure of a licensed professional - such as a doctor, lawyer, accountant, architect, or engineer - to provide services that meet the accepted standards of their profession. When a professional's negligence or errors cause harm to a client or patient, the injured party may have grounds for a civil lawsuit seeking compensation. Colorado law provides avenues for holding professionals accountable while also setting specific legal requirements, procedures, and deadlines for bringing these claims.

Why You May Need a Lawyer

If you believe you have been harmed due to the negligent actions of a professional in Colorado, you may need a lawyer for several reasons. Common situations include:

• Receiving an incorrect diagnosis or improper treatment from a medical professional leading to injury
• Financial loss due to an accountant's or financial advisor's errors
• Suffering damages caused by poor architectural design or engineering mistakes
• Experiencing significant harm after legal representation failed to meet expected standards
• Complexity of evidence and expert testimony required in malpractice cases
• Navigating insurance and settlement negotiations
• Understanding and complying with procedural requirements and deadlines unique to malpractice claims
• Protecting your rights against experienced defense attorneys and insurance companies

An experienced malpractice attorney can assess the merits of your case, gather necessary evidence, consult with experts, and guide you through the litigation process.

Local Laws Overview

Colorado law has specific rules concerning professional malpractice cases. Here are key aspects to be aware of:

• Statute of Limitations: Most malpractice claims must be filed within two years of discovering the injury, but there are nuances and exceptions that may extend or shorten this period. For example, there is often a maximum limit of three years from the actionable event for medical malpractice.
• Certificate of Review: In many professional malpractice cases, especially those involving licensed professionals such as doctors or engineers, Colorado law requires the plaintiff to file a Certificate of Review. This legal document, filed within 60 days of the defendant’s answer, states that an expert in the same field has reviewed the case and believes there is a reasonable basis for the claim.
• Damage Caps: Colorado law limits the amount of damages plaintiffs can recover in some malpractice cases. For example, there are caps on non-economic damages in medical malpractice claims, which are adjusted for inflation from time to time.
• Comparative Negligence: Colorado follows a modified comparative negligence standard, meaning if the injured party is found partially at fault, their compensation may be reduced in proportion to their percentage of fault. Recovery is barred if they are found 50 percent or more at fault.
• Expert Testimony: Malpractice cases nearly always require expert testimony to establish the standard of care and demonstrate how it was breached.

Because of these complex and sometimes restrictive rules, contacting a lawyer early is usually essential.

Frequently Asked Questions

What is professional malpractice?

Professional malpractice occurs when a licensed professional fails to practice with the competence and skill reasonably expected in their field, resulting in harm or damage to a client or patient.

What types of professionals can be sued for malpractice in Colorado?

Professionals who can be held liable include doctors, nurses, lawyers, accountants, engineers, architects, real estate agents, and other licensed practitioners.

What must I prove to win a malpractice claim in Colorado?

You typically must show that the professional owed you a duty, breached that duty by not meeting industry standards, and caused you specific damages as a direct result of their actions or omissions.

How long do I have to file a malpractice claim in Colorado?

Most claims must be filed within two years of discovering the harm, but the total time from the act or omission may not exceed three years. There are some exceptions for minors or in cases of concealment.

What is a Certificate of Review, and is it required?

A Certificate of Review is required for most professional malpractice cases. It confirms that an expert in the same field has reviewed the facts and believes the case has merit.

Are there limits on how much money I can recover?

Yes, Colorado law caps non-economic damages in medical malpractice cases, and there may be other limits depending on the profession and type of damages.

Is expert testimony always needed in malpractice cases?

Nearly all professional malpractice cases require expert testimony to establish what the standard of care is and how it was violated.

What if I am partially at fault?

If you are found less than 50 percent at fault, your recovery will be reduced in proportion to your fault. If you are 50 percent or more at fault, you cannot recover damages.

Can I settle a malpractice claim out of court?

Yes, many malpractice claims in Colorado are settled before trial, often through negotiation or mediation. An attorney can advise you on settlement options.

Do I need a lawyer for a professional malpractice claim?

Malpractice cases are complex, and it is strongly recommended to have a lawyer, especially because of procedural requirements and the need for expert evidence.

Additional Resources

If you need more information or want to file a complaint, these organizations may be helpful:

• Colorado Division of Professions and Occupations
• Colorado Medical Board
• Colorado Bar Association (for legal malpractice)
• Colorado Department of Regulatory Agencies (DORA)
• Colorado State Board of Accountancy
• National Practitioner Data Bank (for medical professionals)

These organizations handle professional licensing, investigate complaints, and may provide guidance or referral services.

Next Steps

If you believe you have been a victim of professional malpractice in Colorado, consider taking these steps:

• Document your concerns, harm, and interactions with the professional
• Gather any relevant records, contracts, correspondence, and reports
• Consult with a reputable malpractice attorney as quickly as possible to evaluate your case
• File a complaint with the relevant licensing board if appropriate
• Do not delay, as deadlines apply and waiting can affect your legal rights

Early legal guidance can help you understand your rights, the strength of your case, and the most effective way to pursue compensation for your losses.